- May 12, 2021
- Miscellaneous
As a preliminary matter, the employer raised the timeliness of the filing and referring of the grievance to arbitration. On the merits, the local alleged that the employer reassigned a member (Pilutik) to a position with fewer hours as a disciplinary matter without just and reasonable cause. The employer argued that the local was estopped from advancing the grievance on the basis that an agreement had been reached to provide alternative work arrangements to the member. The preliminary matter, the Board exercised its discretion to relieve against the time limits for filing and referring the grievance to arbitration. With regard to the merits of the case, the Board concluded that the local was estopped from advancing a claim for damages as a deal had been reached and implemented and it would thus be unjust to allow the local to do so in the circumstances of the case.